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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs WALTER G. BOND, 09-003492PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-003492PL Visitors: 21
Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: WALTER G. BOND
Judges: R. BRUCE MCKIBBEN
Agency: Department of Education
Locations: Clearwater, Florida
Filed: Jun. 25, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 21, 2009.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA. EDUCATION PRACTICES COMMISSION D4: BYq are DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 078-3370 WALTER G. BOND, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against WALTER G. BOND. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.315, 1012.795, and 1012.796, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 295201, covering the areas of English, Physical Education, and Exceptional Student Education, which is valid through June 30, 2012. 2. At all times pertinent hereto, the Respondent was employed as a General Education Diploma Teacher at Lakewood Community Schooi in the Pinellas County School District. MATERIAL ALLEGATIONS 3. On or about March 9, 1994, the Commissioner of Education found probable cause to sanction the Respondent’s teaching certificate due to multiple criminal charges including Issuing Worthless Checks, Driving on a Suspended License, Driving Under the Influence and Possession of Marijuana. In addition, the Respondent had failed to acknowledge his criminal history on four applications he filed with the Department of Education. On or about August 14, 1994, the Education Practices Commission entered a Final Order imposing discipline for these allegations including: two years revocation, three years of probation, substance abuse evaluation, and random drug testing. WALTER G. BOND Administrative Complaint Page 2 of 4 4. In or around 1999, the Respondent was arrested for retail theft. The Respondent completed a pretrial diversion program, and the charges were dismissed. 5. On or about July 9, 2002, August 4, 2004, and April 15, 2007, the Respondent submitted applications for renewal of his Florida teaching certificate. In each application, the Respondent falsely and fraudulently failed to disclose his entry into a pretrial diversion program in 1999 in response to the question, “Have you ever been convicted, found guilty, had adjudication withheld, entered into a pretrial diversion program, or pled guilty or nolo contendere (no contest) to a criminal offense other than a minor traffic violation (DUI is not a minor traffic violation)?” 6. On or about April 4, 2008, the Respondent struck another vehicle, causing extensive damage to his own vehicle and to the other vehicle, and causing injury to the driver and passenger of the other vehicle. The Respondent fled the scene of the accident without providing any identifying information or providing any aid to the injured people. An anonymous caller provided the Respondent’s tag number to the police. The police found and confronted the Respondent, who admitted he left the scene because he bad been drinking. 7. On or about May 5, 2008, the Respondent was charged with Leaving the Scene of a Crash involving Injury.. The Respondent pled guilty to, and was.adjudicated guilty of, a reduced charge of Leaving the Scene of an Accident with Damage. 8. On or about August 25, 2008, the Respondent’s vehicle crossed over the center line of the road, hitting oncoming traffic, resulting in injuries to a seven-year-old victim. The Respondent fled the scene without rendering aid to the other vehicle’s passengers. Respondent was charged with Leaving the Scene of a Crash involving Injuries. 9. The Respondent is in violation of Section 1012.795(2), Florida Statutes, which provides that the plea of guilty in any court or the decision of guilty by any court is ptima facie proof of grounds for the revocation of the certificate. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(a), Florida Statutes, in that Respondent obtained or attempted to obtain a teaching certificate by fraudulent means. COUNT 2: The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude as defined by rule of the State Board of Education. WALTER G. BOND Administrative Complaint Page 3 of 4 COUNT 3: The Respondent is in violation of Section 1012.795(1)(f), Florida Statutes, in that Respondent has been convicted or found guilty of, or entered a plea of guilty to, regardless of adjudication of guilt, a misdemeanor, felony, or any other criminal charge, other than a minor traffic violation. COUNT 4: The Respondent is in violation of Section 1012.795(1)(), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT6: The Respondent is in violation of Rule 6B.1006(5}(m), Florida Administrative Code, in that Respondent has failed to self-report within forty-eight (48) hours to appropriate authorities (as determined by district) any arrests/charges involving the abuse of a child or the sale and/or possession of 4 controlled substance. Such notice shall not be consideréd an admission of guilt nor shall such notice be admissible for any purpose in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory. In addition, Respondent shall self-report any conviction, finding of guilt, withholding of adjudication, commitment to a pretrial diversion program, or entering of a plea of guilty or Nolo Contendere for any criminal offense other than a minor traffic violation within forty-eight (48) hours after the final judgment. When handling sealed and expunged records disclosed under this rule, school districts shall comply with the confidentiality provisions of Sections 943.0585(4)(c) and 943.059(4)(c), Florida Statutes. (SIGNATURE ON FOLLOWING PAGE) WALTER G. BOND Administrative Complaint Page 4 of 4 WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Election of Rights forms attached to and made a part of this Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondent’ s educator’s certificate pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The sanctions imposed by the Education Practices Commission may include, but are not limited to, any one or a combination of the following: issuing the Respondent a written reprimand; placing the Respondent on probation for any period of time; restricting the Respondent’s authorized scope of practice; assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery Network Program; suspending the Respondent’s educator’s certificate for a period of time not to exceed five years; revoking the Respondent’s educator’s certificate for a period of time up to 10 years or permanently; determining the Respondent to be ineligible for certification; or barring the Respondent from reapplying for an educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this Uf HE aay of Februacy , 2009. Commissioner of Education State of Florida

Docket for Case No: 09-003492PL
Issue Date Proceedings
Aug. 21, 2009 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Aug. 20, 2009 Petitioner's Unopposed Motion to Deem Facts Admitted, Relinquish Jurisdiction to the EPC, and to Close File filed.
Aug. 14, 2009 Notice of Transfer.
Aug. 11, 2009 Notice of Taking Deposition filed.
Jul. 30, 2009 Undeliverable envelope returned from the Post Office.
Jul. 16, 2009 Letter to R. Weaver from W. Bond regarding Respondent's Request for Admissions form filed.
Jul. 09, 2009 Order of Pre-hearing Instructions.
Jul. 09, 2009 Notice of Hearing (hearing set for September 1, 2009; 9:00 a.m.; Clearwater, FL).
Jul. 08, 2009 Certificate of Service of Discovery filed.
Jul. 08, 2009 Petitioner's First Requests for Admissions to Respondent filed.
Jul. 06, 2009 Petitioner's Response to Initial Order filed.
Jun. 25, 2009 Initial Order.
Jun. 25, 2009 Administrative Complaint filed.
Jun. 25, 2009 Election of Rights filed.
Jun. 25, 2009 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Jun. 25, 2009 Agency referral
Source:  Florida - Division of Administrative Hearings

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